PEOPLE v. NICOMETI


12 N.Y.2d 428 (1963)

The People of the State of New York, Respondent, v. Patricia Nicometi, Appellant.

Court of Appeals of the State of New York.

Decided May 9, 1963.


Attorney(s) appearing for the Case

Herald P. Fahringer, Jr., for appellant.

Carman F. Ball, District Attorney (Dewey E. Ertell, Jr., of counsel), for respondent.

Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE and SCILEPPI concur.


FOSTER, J.

The primary issue on this appeal is whether lack of jurisdiction in a Court of Special Sessions can now be raised on appeal to this court from a judgment of conviction, where such an allegation was not specifically raised in appellant's affidavit of errors or argued to the intermediate appellate court.

Appellant was charged with: (1) the misdemeanor of assault in the third degree (Penal Law...

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